Legal Opinion

State v. Horning

Supreme Court of Iowa

Decided September 18, 1878PublishedCited by 7 opinions

Appeal from Des Moines District Coiort. The defendant was indicted for the robbery of one E. Lalor of one fifty-dollar bill, and two-five-dollar bills; was tried, convicted, and sentenced to the penitentiary for three years. He appeals.

1Opinion of the CourtDay, J.

1. criminal law: evidence: good character. The defendant introduced a number of witnesses, who testified that his character for honesty was good, Respecting this testimony the court instructed as follows: “If you have found the defendant has heretofore had and maintained a good character, from the evidence before you, such will go far to rebut any presumption of guilt arising from circumstantial evidence against him, if any; but if there is positive evidence showing his guilt — that is, the testimony of witnesses, or one reliable or credible witness, whom you believe, who saw or witnessed the…

2Cases cited1 opinion

  1. State v. NorthrupSupreme Court of Iowa · 1878

3Cited by7 opinions

  1. State v. ClemonsSupreme Court of Iowa · 1879
  2. State v. DunnSupreme Court of Iowa · 1927
  3. State v. BosworthSupreme Court of Iowa · 1915
  4. State v. HouseSupreme Court of Iowa · 1899
  5. State v. SchumacherSupreme Court of Iowa · 1923

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